law enforcement (controlled operations) act 1997

Law Enforcement (Controlled Operations) Act 1997

Annual Report 2011–2012

December 2012

NSW Ombudsman Level 24, 580 George Street Sydney NSW 2000

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ISBN 978-1-921-884-83-2

NSW Government Publication © NSW Ombudsman December 2012

This work is copyright, however material from this publication may be copied and published by State or Federal Government Agencies without permission of the Ombudsman on the condition that the meaning of the material is not altered and the NSW Ombudsman is acknowledged as the source of the material. Any other persons or bodies wishing to use material must seek permission.

ILaw Enforcement (Controlled Operations) Act 1997 Annual Report 2011–2012

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Contents

Chapter 1. Controlled Operations ................................................................................................... 3Key provisions of the legislation .............................................................................................................................................3

Cross border controlled operations .......................................................................................................................................4

Types of applications ...............................................................................................................................................................4

Mandatory considerations .......................................................................................................................................................5

Variations ..................................................................................................................................................................................5

Code of Conduct ......................................................................................................................................................................5

Chapter 2. Accountability under the Act ........................................................................................ 6Internal accountability .............................................................................................................................................................6

External accountability provided by the Ombudsman ..........................................................................................................6

Notifications .................................................................................................................................................................................6

Inspections ...................................................................................................................................................................................7

Report to Parliament ....................................................................................................................................................................8

Chapter 3. Changes to legislation .................................................................................................. 9Chapter 4. Inspection overview ....................................................................................................10NSW Police Force ..................................................................................................................................................................11

Outcome of inspections ...........................................................................................................................................................13

NSW Crime Commission .......................................................................................................................................................14

Outcome of inspections ............................................................................................................................................................14

Independent Commission Against Corruption.....................................................................................................................14

Outcome of inspections ............................................................................................................................................................14

Police Integrity Commission .................................................................................................................................................15

Outcome of Inspections ............................................................................................................................................................15

Australian Crime Commission ...............................................................................................................................................15

Australian Federal Police .......................................................................................................................................................15

Australian Customs and Border Protection Service ............................................................................................................15

Chapter 5. Notifications ..................................................................................................................16New South Wales Police Force .............................................................................................................................................16

NSW Crime Commission .......................................................................................................................................................26

Independent Commission Against Corruption.....................................................................................................................26

Police Integrity Commission ................................................................................................................................................26

Chapter 6. Appendices .................................................................................................................. 27NSW Police Force Authorities Granted 2011–2012 ..............................................................................................................27

NSW Police Force Completed Operations 2011/2012 ..........................................................................................................43

NSW Crime Commission Authorities Granted 2011/2012 ....................................................................................................47

NSW Crime Commission Completed Operations 2011–2012..............................................................................................47

ICAC Authorities Granted 2011/2012 .....................................................................................................................................48

ICAC Completed Operations 2011/2012 ...............................................................................................................................48

PIC Authorities Granted 2011/2012 .......................................................................................................................................48

PIC Completed Operations 2011/2012 ..................................................................................................................................48

II Law Enforcement (Controlled Operations) Act 1997 Annual Report 2011–2012

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1Law Enforcement (Controlled Operations) Act 1997 Annual Report 2011–2012

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Executive summary

Controlled operations are authorised undercover operations conducted for the purpose of obtaining evidence, frustrating criminal activity or corrupt conduct, arresting any person engaged in such activity, or carrying out an activity reasonably necessary to facilitate the achievement of those purposes. It is a powerful investigative methodology used in situations where more conventional investigative approaches are impractical or unlikely to succeed.

The Law Enforcement (Controlled Operations) Act 1997 (the Act) provides a way for specified law enforcement agencies to exempt those persons operating under a properly granted authority from any criminal liability arising in the course of such operations, and indemnifies them from civil liability, where certain conditions are met.

In the 2011–2012 financial year, controlled operations were both authorised and completed under the Act in New South Wales by a range of agencies. The majority were conducted by the New South Wales Police Force. A smaller number of operations were conducted by the New South Wales Crime Commission, the Independent Commission Against Corruption and the Police Integrity Commission.

The agencies authorised under the Act to conduct controlled operations are required to notify the Ombudsman of these operations and the Ombudsman has to inspect their records to ascertain whether or not the requirements of the Act are being complied with.

This report sets out the result of those inspections for the period 1 July 2011 to 30 June 2012.

The law enforcement agencies are generally compliant with the requirements of the Act and most incidents of non-compliance we identify tend to be minor administrative errors or oversights which are readily rectified and cause no apparent detrimental consequences for any parties. However, as reported last year, there remains a significant issue with delays in NSW Police Force officers providing reports to the Commissioner’s delegate as required. Consequently there is also a significant delay in report notifications being made to this office as required under the Act. Further recommendations are made in Chapter 4 with a view to remedying these problems.

The report provides brief details of every operation authorised and completed by the agencies during the reporting period.

2 Law Enforcement (Controlled Operations) Act 1997 Annual Report 2011–2012

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Chapter 1. Controlled Operations

Controlled operations are undercover law enforcement operations where the participants have prior authority to technically break the law in order to investigate and deter crime and corrupt conduct.

The sophistication of many criminal and corrupt enterprises, or the consensual and private nature of more simple forms of criminal and corrupt conduct, mean they are unlikely to be easily penetrated by standard law enforcement investigation measures. Often, only by infiltrating these criminal or corrupt enterprises is it possible to gather the necessary evidence to arrest and prosecute offenders. Such infiltration invariably means the law enforcement participants also commit offences. Infiltrating a drug trafficking enterprise, for example, will usually involve a law enforcement officer negotiating for the supply of drugs or actually buying and taking possession of drugs. Unless they were protected for doing these things, the law enforcement participants would themselves be open to prosecution for the illegal acts. Unless the operations are authorised, the evidence they gather may also be open to challenge during any subsequent prosecutions on the basis that it was gathered illegally.

In recognition that an advanced investigatory tool is needed to effectively investigate certain types of crime and corrupt conduct, a number of jurisdictions have enacted legislation to authorise such controlled operations and provide immunities to their participants. In New South Wales, the Law Enforcement (Controlled Operations) Act 1997 (the Act) regulates these types of operations.

The central features of the regulatory framework for controlled operations include:

• the prescription of criteria and procedures for authorisation

• the imposition of binding conditions on those participating in controlled operations (including both law enforcement and ‘civilian’ personnel)

• the imposition of a system of accountability incorporating controls and safeguards to ensure that powers under the Act, and authorised activities, are exercised in a responsible and appropriate manner and in accordance with the regime established by the Act

• the provision of criminal immunities and civil indemnities to participating law enforcement officers and other authorised persons

• provisions ensuring that activities engaged in by a participant for the purposes of a controlled operation are not unlawful, despite any other Act or law.

Key provisions of the legislationThe Act enables the chief executive officer or delegate of a prescribed law enforcement agency to authorise the conduct of a ‘controlled operation’ for a number of purposes. They are:

• obtaining evidence of criminal activity or corrupt conduct

• arresting any person involved in criminal activity or corrupt conduct,

• frustrating criminal activity or corrupt conduct

• carrying out an activity that is reasonably necessary to facilitate the achievement of any of the above purposes.

An authority to conduct a controlled operation must identify each participant in the operation and the proposed unlawful conduct (i.e. ‘controlled activities’) in which they may engage during the operation. It is not sufficient for the chief executive officer simply to approve an operation without also specifying the nature of the conduct or probable offences likely to be committed during its execution. Activities which would otherwise be unlawful are not covered unless they are approved in advance. Authorities cannot be retrospective except in limited circumstances.

It is prohibited under the Act to authorise operations which involve any participant engaging in conduct that is likely to seriously endanger the health or safety of a participant or any other person, or to result in serious loss or damage to property.

The Act also deals with the issue of entrapment. A key legal principal is that the culpability of an offender may be diminished if the actions of the law enforcement officers or authorities operate to induce the offender to commit an offence which otherwise might not have been committed (although it remains the fundamental task of the court to evaluate the criminality involved). It may be accepted that a mitigating factor might be that the offender was led by a participant in the operation into committing a more serious offence than otherwise might have been committed.


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The provisions of sections 6 and 7 of the Act address the factors arising from the relevant case law that differentiate legitimate covert investigations from entrapment.1 Section 7 of the Act specifically provides that an authority to conduct a controlled operation cannot be granted where the proposed operation involves inducing or encouraging any other person to engage in criminal activity or corrupt conduct of a kind that the other person could not reasonably be expected to engage in unless so induced or encouraged.

Cross border controlled operationsThe Act provides for the authorisation of controlled operations that may be conducted across the borders of another participating jurisdiction and for the recognition of corresponding authorities issued under a corresponding law of another jurisdiction.

The Act recognises corresponding controlled operation laws of the Commonwealth, Queensland, Victoria and the Australian Capital Territory. However, NSW controlled operations authorities will only be recognised in other jurisdictions if that state or territory has first recognised the NSW Act as corresponding legislation. The NSW Act has been recognised as a corresponding law in Victoria, Tasmania, and the Australian Capital Territory.

During the reporting period there were nine cross border operations authorised under the NSW Act.

Types of applicationsThe Act provides for two types of application ‘Formal’ and ‘Urgent’. Formal Applications are made in writing, or by means of a facsimile transmission. Urgent applications are made by such other means as are available, including orally, by telephone or by two way radio.

Whether formal or urgent, the application must provide the following particulars:

• a plan of the proposed operation

• the nature of the criminal activity or corrupt conduct in respect of which the proposed operation is to be conducted

• the nature of the controlled activity which the authority will cover

• a statement as to whether or not the proposed operation or any other controlled operation with respect to the same criminal activity or corrupt conduct, has been the subject of an earlier application for an authority or variation of an authority, and if so, whether or not the authority was given or the variation granted.

The Law Enforcement (Controlled Operations) Regulation 2007 provides that an urgent application to conduct or vary the authority for a controlled operation may be made if the urgency of the circumstances makes it impractical to make a formal application.

In such circumstances, the applicant must ensure written notes are kept of:

• the date and time when the application is made

• the identity of the applicant

• the information given to the chief executive officer or delegate in support of the application.

The regulation also makes provision for the form in which a formal authority or variation is granted.

After considering an application and any other additional information the chief executive officer or delegate may require, they may authorise the operation either unconditionally or subject to conditions, or refuse it.

An application to conduct a cross border controlled operation must:

• be made to the chief executive officer of the law enforcement agency concerned

• state that the proposed controlled operation is a cross-border controlled operation

• specify (in place of the particulars required by section 5(2A)(b)) the relevant offence in respect of which the proposed operation is to be conducted.

An urgent application for an authority to conduct a proposed cross-border controlled operation may be made only if the applicant has reason to believe that the delay caused by making a formal application may affect the success of the operation.

As soon as practicable after making an urgent application for an authority to conduct a cross-border controlled operation, the applicant must make a record in writing of the application and give a copy of it to the chief executive officer.

1 For example, R v Mack (1988) 44 CCC (3d) 5132; Ridgeway v The Queen (1995) 184 CLR 19; R v Sloane (1990) 49 A Crim R 270; R v Giaccio (1997) 68 SASR 484; and R v Loosely [2001] UKHL 53.


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Mandatory considerationsAn authority to conduct a controlled operation may not be granted unless the chief executive officer or delegate is satisfied as to the following matters:

• that there are reasonable grounds to suspect that criminal activity or corrupt conduct has been, is being or is about to be conducted in relation to matters within the administrative responsibility of the agency

• that the nature and extent of the suspected criminal activity or corrupt conduct are such as to justify the conduct of a controlled operation

• that the nature and extent of the proposed controlled activities are appropriate to the suspected criminal activity or corrupt conduct

• that the proposed controlled activities will be capable of being accounted for in sufficient detail to enable the reporting requirements of the Act to be fully complied with.

When considering an application the chief executive officer or delegate must have regard to the following matters:

• the reliability of any information as to the nature and extent of the suspected criminal activity or corrupt conduct

• the likelihood of success of the proposed controlled operation

• the duration of the proposed controlled operation.

There are additional mandatory considerations that apply to applications for cross border controlled operations. These are:

• that a relevant offence has been, is being, or is likely to be, committed

• that the controlled operation will be, or is likely to be, conducted in this jurisdiction and in one or more participating jurisdictions

• that the nature and extent of the suspected criminal activity are such as to justify the conduct of a controlled operation in this jurisdiction and in one or more participating jurisdictions

• that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons (other than law enforcement officers) at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation.

VariationsThe Act allows for the varying of certain details of a controlled operation including its duration. Each variation can extend an operation for no more than six months.

Code of ConductAll law enforcement participants in a controlled operation are bound to adhere to a comprehensive Code of Conduct that forms part of the Law Enforcement (Controlled Operations) Regulation 2007. The Code among other things provides that applicants and law enforcement participants must at all times act in good faith. Applicants must disclose all relevant information that might affect the way an application is determined, at the time of application and as soon as practical if they subsequently become aware of such information. In addition, the code requires that applications and reports on operations not contain anything that is incorrect or misleading in any way. All law enforcement and civilian participants must be properly briefed and the law enforcement participants must comply with lawful directions of the principal law enforcement officer and report any breaches of the Code.


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Chapter 2. Accountability under the Act

In recognition of the fact that the Act revokes some fundamental principles of criminal and civil liability, the Act incorporates a three-tier regime of accountability on agencies that carry out controlled operations.

Internal accountabilityThe first level of accountability is internal to the agency. Apart from the rigour required of applications and the decision making process of the chief executive officer, the Act requires that within two months after completing an authorised operation, the principal law enforcement officer for the operation must cause a report to be given to the chief executive officer. Currently the Law Enforcement (Controlled Operations) Regulation 2007 specifies that these reports must include such matters relevant to the operation as each individual chief executive officer requires.

The Code of Conduct requires that, in preparing a report on the conduct of an authorised operation, the reporting officer must at all times act in good faith (sub-clause 6(1)). In particular, the reporting officer must ensure that the report:

• discloses all information of which the officer is aware as to matters required to be included in the report

• does not contain anything that is incorrect or misleading in a material particular.

If, after submitting a report on a controlled operation, the reporting officer becomes aware of:

• information that, had it been known to the officer when the report was prepared, should have been included in the report, or

• information that indicates that anything contained in the report is incorrect or misleading in a material particular,

the officer must ensure that the information is given to the chief executive officer as soon as practicable.

External accountability provided by the OmbudsmanThe second level of accountability is external to the agency and involves the Ombudsman as an independent monitoring and inspection agency.

Notifications

The Act requires that the Ombudsman be notified of all grants of an authority, and variations to an authority. The Ombudsman must also be notified of all occasions on which the chief executive officer receives a report on a controlled operation. Notices must be provided to the Ombudsman within 21 days of the event to which the notice relates.

The Regulation sets out what must be included in each notice. In relation to notices that an authority has been granted, the notice must include the following information:

• the date on which the authority was granted

• the serial number or other identifying code for the authority

• the nature of the suspected criminal activity or corrupt conduct in respect of which the authority was granted

• the period for which the authority is to remain in force

• the nature of the controlled activities authorised by the authority

• the number of participants in the operation together with an indication of:

° how many of them are law enforcement participants

° how many of them are civilian participants (clause 11).

A notice of variation of an authority must include the following information:

• the date on which the variation of authority was granted

• the serial number or other identifying code of the authority to which the variation relates

• if the variation extends the period for which the authority has effect, the period for which the authority is extended

• if the variation authorises an alternative principal law enforcement officer for the operation, the fact that it does so


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• if the variation authorises additional or alternative persons to engage in controlled activities for the purposes of the operation, the number of persons so authorised together with an indication of:

° how many of them are law enforcement participants

° how many of them are civilian participants

• if the variation authorises participants in the operation to engage in additional or alternative controlled activities, the nature of the controlled activities so authorised (clause 12).

A notice of receipt of a report on a controlled operation must include the following information:

• the date on which the report was received from the principal law enforcement officer for the operation

• the serial number or other identifying code of the authority for the operation and any variations that have been granted

• the serial number or other identifying codes of any authorities, and any variations of authority, that have been granted for previous controlled operations with respect to the same criminal activity or corrupt conduct

• the nature of the controlled activities engaged in for the purposes of the operation

• the number of participants in the operation together with an indication of:

° how many of them were law enforcement participants

° how many of them were civilian participants

• a statement as to whether the operation was conducted in accordance with the authority for the operation and, in particular, as to:

° whether any unlawful conduct was engaged in by any participant in the operation, and

° if so, whether that unlawful conduct was the subject of an application for retrospective authority under section 14 of the Act [life threatening situations], and

° if so, whether retrospective authority was granted,

• the date on which the operation was completed (clause 13).

In addition, section 21(2) of the Act provides that the Ombudsman may require the chief executive officer to furnish such other information concerning the authorities, variations, and reports as he considers necessary for the proper consideration of them.

Inspections

The second important role of the Ombudsman is to conduct inspections of the internal records of the agencies to assess compliance with the requirements of the Act. The Act requires that the Ombudsman inspect the records of each law enforcement agency at least once every twelve months although the Ombudsman may inspect the records of each agency at any time.

In contrast to other covert investigative methods, such as the use of surveillance devices and telecommunication interception which must be externally authorised by a warrant issued by a judicial officer, controlled operations are authorised by the Chief Executive Officer or a senior delegate of the agency. The public interest therefore requires adherence to the highest standards of compliance and the Ombudsman inspections therefore pay critical attention to application documentation, to authority documentation and the correct process for their making as well as the reporting obligations on agency personnel.

For the purposes of these inspections the Ombudsman has the same powers as under the Telecommunications (Interception and Access) Act 1987 (NSW). Under these provisions the Ombudsman:

• may enter at any reasonable time premises occupied by the authority after notifying the chief executive officer

• is entitled to full and free access at all reasonable times to all records of the agency

• is entitled to make copies of, and to take extracts from, records of the authority

• may require an officer of the agency to provide such information as is in their possession or to which they have access that the Ombudsman considers relevant and necessary to the inspection

• may summon an officer (including the chief executive officer) to attend before an inspecting officer to answer questions relevant to the inspection.

Officers of the agencies may not refuse to give information, refuse access to information nor refuse to answer questions on the basis that to do so would contravene a law, would be contrary to the public interest or might tend to incriminate the person. Information provided under compulsion may not be admissible in evidence against an officer, except in a proceeding


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for an offence under s.22 of the Telecommunications (Interception and Access) Act 1987 (NSW). Those proceedings relate to refusing or failing to comply with the Ombudsman’s directions, hindering or resisting an inspection or providing false or misleading information.

Ombudsman officers inspect all authorities and variations to authorities granted during the reporting period. All documentation supporting the granting of authorities and variations to authorities is also inspected.

In addition, our inspection officers examine a sample of records held by the Principal Law Enforcement Officers responsible for the conduct of the operations in order to ascertain how those officers have accounted for the controlled activities carried out under the authorities.

Report to Parliament

The third tier of accountability is through the requirement on the Ombudsman to present an annual report to Parliament on the Ombudsman’s work and activities under the Act for the preceding 12 months. This report is submitted in compliance with this obligation.

The Act sets out a range of particulars about the authorities granted by the law enforcement agencies that must be included in the report. In particular, section 23(2) requires details of the authorities that were granted or varied, the nature of the criminal or corrupt activities against which they were directed and the number of persons - both law enforcement officers and civilians - who were authorised to engage in controlled activities in respect of each authority. It also requires information about the activities that are actually engaged in and the number of persons involved.

It should be noted that s.24(1) of the Act imposes certain restrictions upon the information that may be included in this report. Specifically, the report must not include any information that, if made public, could reasonably be expected:

(a) to endanger the health or safety of any person, or

(b) to disclose the methodology used in any investigation (whether or not an authorised operation) that is being, has been or is proposed to be conducted by any law enforcement agency, or

(c) to prejudice any investigation (whether or not an authorised operation) that is being or is proposed to be conducted by a law enforcement agency, or

(d) to prejudice any legal proceedings arising from any such investigation.

Some of the details contained in this report have been curtailed by these restrictions.


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Chapter 3. Changes to legislation

There were no changes to the legislation during the reporting period.


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Chapter 4. Inspection overview

During the 2011–2012 financial year, 285 controlled operations were authorised and 173 operations were completed. These numbers are similar to the number of operations conducted in the previous year. The lower number of reports relating to NSWPF completed operations reflects a significant lack of reporting which is discussed further in this chapter.

Figure 1: Controlled Operations Authorised – A five year comparison

2007–2008 2008–2009 2009–2010 2010–2011 2011–2012

NSW Police Force 346 310 292 280 279

NSW Crime Commission 30 8 24 3 3

Police Integrity Commission 0 1 1 4 2

Independent Commission Against Corruption 6 6 2 0 1

Australian Crime Commission 2 9 5 0 0

Australian Federal Police 0 0 0 0 0

Australian Customs Service 0 0 0 0 0

Total 384 334 324 287 285

Figure 2: Controlled Operations Completed – A five year comparison

2007–2008 2008–2009 2009–2010 2010–2011 2011–2012

NSW Police Force 300 305 274 118 168







Total 332 330 299 127 173

Note: Some of the previous year’s figures in Table 2 above differ from those published in previous annual reports. This table provides updated figures that take account of the receipt of delayed notifications.

During the 2011–2012 financial year, 97 controlled operations were varied. This was a similar number of variations to authorities as in previous years.

Figure 3: Controlled Operations Varied – A five year comparison

2007–2008 2008–2009 2009–2010 2010–2011 2011–2012

NSW Police Force 112 104 112 107 95







Total 117 106 115 111 97


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NSW Police ForceSection 23(2) of the Act requires that this report include certain particulars in relation to each law enforcement agency. Specific data relating to the operations conducted by NSW Police Force is included in tables annexed to this report. The records maintained by NSW Police Force and inspected by us disclose the following information:

• 279 authorities were granted by the Commissioner’s delegates during the 2011/2012 reporting period, nine of which were cross border operations.

• Of these 95 were varied, 24 of these were varied on more than one occasion.

• No applications were refused.

• Two urgent authorities were granted during the reporting period.

• Several applications were given identifying numbers but for one reason or another were not proceeded with prior to being formally considered for authorisation under the Act. As a result the numbers of operations listed in the appendix to this report may not be consecutive.

• There is some overlap in relation to the types of criminal activities targeted during controlled operations. In many instances an operation will target a range of criminal activities including prohibited drugs, firearm offences and armed robbery; as such the following figures represent a guide:

° the supply of prohibited drugs (220)

° firearm offences (55)

° robbery offences (3)

° property offences (6)

° murder or conspiracy to murder (5)

° fraud offences (4)

° money laundering (3)

• The operations in total authorised 8,865 law enforcement participants and 187 civilian participants. The number of law enforcement participants authorised to be involved in individual operations ranged from one to 156 while the number of civilian participants authorised for individual operations ranged from one to two.

• Where there are large numbers of law enforcement participants authorised in operations, these operations generally target a specified geographical area, usually a local area command.

• In relation to the 168 operations which were completed by 30 June 2012 and reported to the chief executive officer, there were 229 law enforcement participants and 94 civilian participants who actually engaged in controlled activities.

• Of the controlled operations reported on, the majority were investigations relating to drug offences.

• The controlled activities engaged in for these controlled operations were generally conversations and negotiations and the purchase of prohibited drugs. Some operations also included entering vehicles, conversations and negotiations concerning armed robbery, purchase and possession of prohibited firearms and/or discussions in relation to conspiracy to murder.

• No controlled activities occurred in 31 operations.

Figure 4: Criminal activity targeted

Drugs

Firearms

Robbery

Property

Murder

Fraud

Money Laundering

1.7% 2% 1%

18.5%

74%

1.4% 1.4%

Drugs

Firearms

Robbery

Property

Murder

Fraud

Money Laundering

1.7% 2% 1%

18.5%

74%

1.4% 1.4%


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Figure 5: Controlled activities conducted

Controlled activities

No controlled activities

18%

82%

Figure 6: Number of Participants

0

20

40

60

80

100

120

140

160

180

200

100+50–10020–50LEP 1–20Civilians only


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Figure 7: Result of operations

Arrests and charges

No arrests or charges

43%

57%

Outcome of inspections Controlled operations records are generally retained at NSW Police Force, within the Court and Legal Services Covert Applications Unit. The records were generally in order and in compliance with the requirements of the Act, apart from some minor typographical errors in several applications which were addressed by NSWPF, and the following more substantial exceptions.

In the 2010–2011 Annual Report we reported on the problem of principal law enforcement officers not ensuring that relevant undertakings were signed by civilian participants in controlled operations prior to the operation proceeding. We recommended the Commissioner of Police take reasonable steps to rectify this deficiency. Our inspections this year found there were still 21 instances where civilian undertakings were not on file, however, it is not possible to confirm in all instances whether the undertaking was needed (ie whether the civilian actually participated in the operation) until the report on the operation has been completed and notification provided to the Ombudsman and therefore this will be followed up during the next round of inspections.

We also reported in 2010–2011 on 144 operations inspected where the reports on the conduct of the inspection had not been provided to the Commissioner’s delegate within the statutory two month time frame. A recommendation was also made to the Commissioner of Police for reasonable steps to be taken to ensure the timely provision of these reports.

Our 2011–2012 inspections found this problem remains with 56 reports not having been provided to the delegate within the required timeframe. We are of the view that this ongoing noncompliance and breach of the legislation must be remedied as a matter of priority. Accordingly, the following recommendation is made:

Recommendation 1: The Commissioner of Police to take immediate steps to:

• ensure that reports on the conduct of a controlled operation are provided to the Commissioner’s delegate within the statutory timeframe

• implement a system to monitor compliance with timeframe requirements and ensure early identification of non-compliance in a timely fashion and take appropriate action.

A further significant issue is the failure to provide notifications of the receipt of a report to this office. During the current reporting year we have not received notifications in relation to 98 controlled operations. Of greater concern are the 242 notifications which remain outstanding from previous years (see table ‘Reports not yet provided to Ombudsman’ in the Notifications section of this chapter). As such the following recommendation is also made:

Recommendation 2: The Commissioner of Police to take all steps necessary to ensure the 98 outstanding notifications of receipt of a report from 2011–2012, as well as the 243 long outstanding reports to the Ombudsman, as listed on in the ‘Notifications’ section of this chapter, be provided to this office as a matter of urgency, and in any event by no later than 31 March 2013.

Recommendation 3: The Commissioner of Police take action to implement a system to ensure that notification to the Ombudsman occur as required by the legislation, and that failure to do so is identified by the NSWPF in a timely way and remedied.


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If these outstanding issues which have been previously raised are not addressed, and if a system cannot be implemented to effectively reduce failure to notify, this office will request the Attorney General to strengthen the accountability mechanisms in this Act. This will include a recommendation that penalty provisions or another appropriate sanction, consistent with provisions already contained in the Surveillance Devices Act 2007 and/or the Telecommunications (Interception & Access)(New South Wales) Act 1989, be introduced.

We will monitor implementation of the three recommendations and will report in our next Annual Report of the steps taken by the NSWPF.

NSW Crime CommissionThe records maintained by the NSW Crime Commission and inspected by us disclose the following information, which is reported pursuant to s.23(2) of the Act. Specific data relating to the operations conducted by the NSW Crime Commission is included in the tables annexed to this report.

• There were three authorities granted during the 2011/2012 reporting period and no applications refused. None were urgent applications. There were two variations granted in relation to these operations.

• All three operations targeted drug offences.

• There were five law enforcement participants and two civilian participants authorised to participate in the controlled operations conducted under those operations.

• In relation to the operation which was completed by 30 June 2011 and reported to the chief executive officer there were three law enforcement participants and no civilian participants who actually engaged in controlled activities.

• The controlled activity carried out during this operation was disable motor vehicle.

Outcome of inspections

Apart from the matters set out below, all applications, authorities, variations and reports were in order and in compliance with the requirements of the Act.

Between our last inspection for 2010–2011 and our first inspection for 2011–2012, the Commissioner of the NSW Crime Commission advised us of a deficiency with relation to authorisations for controlled operations 12/001 and 12/002. The Commissioner advised the operations had been authorised by an officer of the Commission who at the time was not in fact delegated under the Act to authorise such operations. In the circumstances neither Authority was validly granted.

On 13 December 2011 the Commission validly authorised controlled operation 12/003 which replaced these previous operations.

We have since been advised the amended practice is for the Commissioner to authorise all operations. The NSWCC’s Director (Governance, Support and Technical Operations) is also delegated to authorise operations but the delegation may only be exercised in the absence of the Commissioner.

Independent Commission Against CorruptionThe records maintained by the Independent Commission Against Corruption and inspected by us disclose the following information, which is reported pursuant to s.23(2) of the Act. Specific data relating to the operations conducted by the Commission is included in the tables annexed to this report.

• There was one authority granted during the 2011/2012 reporting period and no applications refused. None were urgent applications. There were no variations granted in relation to this operation.

• The operation targeted corruption offences.

• There was one law enforcement participant and no civilian participants authorised to participate in the controlled operations conducted under this operation.

• In relation to the operation which was completed by 30 June 2011 and reported to the chief executive officer there was one law enforcement participant and no civilian participants who actually engaged in controlled activities.

• The controlled activity carried out during this operation was bribe for inducement.

Outcome of inspections

All applications, authorities, variations and reports were in order and in compliance with the requirements of the Act.


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Police Integrity CommissionThe records maintained by the Police Integrity Commission and inspected by us disclose the following information which is reported pursuant to s.23(2) of the Act. Specific data relating to these operations is included in tables annexed to this report.

• There were two authorities granted during the period to which this report relates. There were no urgent applications. There were three variations granted.

• The authorities authorised all targeted bribery and corruption offences.

• There were 10 law enforcement participants and two civilians authorised to participate in the controlled operations conducted.

• In relation to the three operations which were completed by 30 June 2012 and reported to the chief executive officer, there were seven law enforcement participants and two civilian participants who actually engaged in controlled activities.

• The controlled activities carried out during these operations included conversations and negotiations concerning the attempt to obtain unauthorised information and attempt to bribe.

Outcome of Inspections

All applications, authorities and variations were in order and in compliance with the requirements of the Act.

Australian Crime CommissionDuring the reporting period the Australian Crime Commission did not conduct any controlled operations under this Act.

Australian Federal PoliceDuring the reporting period the Australian Federal Police did not conduct any controlled operations under this Act.

Australian Customs and Border Protection ServiceDuring the reporting period the Australian Customs and Border Protection Service did not conduct any controlled operations under this Act.


NSW Ombudsman

Chapter 5. Notifications

Section 21 of the Law Enforcement (Controlled Operations) Act 1997 requires that the Ombudsman be notified in writing when an authority or any variation to an authority is granted and when the chief executive officer of the agency receives a report on the conduct of an authorised operation.

All agencies that conducted operations during the reporting period complied with the notification requirements set out in s.21 of the Act and clause 9, 10, 11 and 12 of the Regulation with the following exceptions2.

New South Wales Police ForceThree notifications of the granting of an authority were not received within the statutory time period of 21 days.

Number Authorised Received by Ombudsman

2011/186 29/08/2011 10/02/2012

2012/057 02/03/2012 13/04/2012

2012/120 03/05/2012 09/06/2012

The Act requires the CEO to be presented with a report on each operation within two months of its completion. There were 56 cases where the report on the conduct of the operation was not delivered to the CEO within the two-month statutory period. See Recommendation 1 in Chapter 4 in relation to this deficiency.

Number Completed Received by Delegate

2011/061PS 07/07/2011 10/10/2012

2011/143PS 28/07/2011 10/10/2012

2011/126PS 28/07/2011 10/10/2012

2011/135PS 16/08/2011 10/10/2012

2011/159PS 01/09/2011 10/10/2012

2011/192PS 20/09/2011 10/10/2012

2011/127PS 27/09/2011 10/10/2012

2011/201PS 05/10/2011 10/10/2012

2011/138PS 26/08/2011 01/08/2012

2011/264PS 13/11/2011 10/10/2012

2011/282PS 30/11/2011 10/10/2012

2011/173PS 15/12/2011 10/10/2012

2011/195PS 28/12/2011 10/10/2012

2011/230PS 08/02/2012 10/10/2012

2011/219PS 17/02/2012 10/10/2012

2012/017PS 20/02/2012 10/10/2012

2011/164PS 29/02/2012 10/10/2012

2012/045PS 27/12/2011 06/08/2012

2011/255PS 08/03/2012 10/10/2012

2011/165PS 08/03/2012 10/10/2012

2011/298PS 15/03/2012 10/10/2012

2012/033PS 24/03/2012 10/10/2012

2012/030PS 24/03/2012 10/10/2012

2012/066PS 27/03/2012 10/10/2012

2 For the purposes of this report, we have used 15/10/12 as the cut off point for reporting on notifications.


NSW Ombudsman

Number Completed Received by Delegate

2012/001PS 28/03/2012 10/10/2012

2011/287PS 28/03/2012 10/10/2012

2011/271PS 29/03/2012 10/10/2012

2011/291PS 02/04/2012 10/10/2012

2012/034PS 02/04/2012 10/10/2012

2011/302PS 11/04/2012 10/10/2012

2012/087PS 11/04/2012 10/10/2012

2012/004PS 19/04/2012 10/10/2012

2012/106PS 19/04/2012 10/10/2012

2011/285PS 28/02/2012 14/08/2012

2011/251PS 27/04/2012 10/10/2012

2011/005PS 10/07/2011 20/12/2011

2011/250PS 01/05/2012 10/10/2012

2012/084PS 01/05/2012 10/10/2012

2012/119PS 04/05/2012 10/10/2012

2011/153PS 01/09/2011 31/01/2012

2012/129PS 15/05/2012 10/10/2012

2012/046PS 17/05/2012 10/10/2012

2012/064PS 17/05/2012 10/10/2012

2012/063PS 25/05/2012 10/10/2012

2011/222PS 20/03/2012 01/08/2012

2011/281PS 31/05/2012 10/10/2012

2012/081PS 31/05/2012 10/10/2012

2011/142PS 06/11/2011 13/03/2012

2012/124PS 07/06/2012 10/10/2012

2012/026PS 19/01/2012 15/05/2012

2011/239PS 20/10/2011 08/02/2012

2012/091PS 21/06/2012 10/10/2012

2012/112PSCB 26/06/2012 10/10/2012

2011/200PS 30/11/2011 12/03/2012

2012/080PS 29/06/2012 10/10/2012

2011/167PS 20/10/2011 31/01/2012

The Act requires the Ombudsman to be notified within 21 days of the receipt of the report by the delegate. In this reporting period there were 98 cases where the notification of the receipt of the report was not provided within the statutory period. Recommendation 2 and 3 in Chapter 4 relates to this deficiency.

Number Completed Delegate Received by Ombudsman

2011/160PS 15-Oct-11 17-Oct-11 16-Aug-12

2011/111PS 14-Oct-11 18-Nov-11 16-Aug-12

2011/224PS 24-Nov-11 06-Dec-11 16-Aug-12

2011/073PS 22-Jul-11 08-Aug-11 13-Apr-12

2011/252PS 19-Nov-11 16-Dec-11 16-Aug-12

2011/005PS 10-Jul-11 20-Dec-11 16-Aug-12

2011/155PS 11-Jul-11 18-Jul-11 14-Mar-12


NSW Ombudsman


2011/148PS 14-Dec-11 12-Jan-12 16-Aug-12

2011/301PS 17-Jan-12 18-Jan-12 16-Aug-12

2011/024PS 15-Aug-11 17-Aug-11 14-Mar-12

2011/231PS 16-Jan-12 20-Jan-12 16-Aug-12

2011/233PS 30-Nov-11 23-Jan-12 16-Aug-12

2011/121PS 19-Aug-11 20-Sep-11 13-Apr-12

2011/115PS 23-Sep-11 23-Sep-11 13-Apr-12

2011/088PS 31-Aug-11 26-Sep-11 13-Apr-12

2011/101PS 20-Sep-11 26-Sep-11 13-Apr-12

2011/206PS 23-Nov-11 30-Jan-12 16-Aug-12

2011/153PS 01-Sep-11 31-Jan-12 16-Aug-12

2011/167PS 20-Oct-11 31-Jan-12 16-Aug-12

2011/140PS 10-Sep-11 29-Sep-11 13-Apr-12

2012/023PS 03-Feb-12 06-Feb-12 16-Aug-12

2011/254PS 06-Feb-12 06-Feb-12 16-Aug-12

2011/239PS 20-Oct-11 08-Feb-12 16-Aug-12

2011/188PS 25-Nov-11 14-Feb-12 16-Aug-12

2011/242PS 08-Feb-12 14-Feb-12 16-Aug-12

2011/082PS 03-Oct-11 13-Oct-11 13-Apr-12

2011/247PS 29-Dec-11 16-Feb-12 16-Aug-12

2011/145PS 07-Sep-11 15-Sep-11 14-Mar-12

2011/041PS 11-Aug-11 20-Sep-11 14-Mar-12

2011/243PS 10-Feb-12 22-Feb-12 16-Aug-12

2011/180PS 26-Sep-11 26-Sep-11 14-Mar-12

2011/197PS 18-Oct-11 27-Oct-11 13-Apr-12

2012/013PS 01-Mar-12 06-Mar-12 16-Aug-12

2012/050PS 03-Mar-12 06-Mar-12 16-Aug-12

2011/244PS 07-Feb-12 08-Mar-12 16-Aug-12

2011/213PS 07-Oct-11 07-Oct-11 14-Mar-12

2011/200PS 30-Nov-11 12-Mar-12 16-Aug-12

2011/105PS 30-Sep-11 10-Oct-11 14-Mar-12

2011/122PS 10-Nov-11 10-Nov-11 13-Apr-12

2012/032PS 14-Mar-12 14-Mar-12 16-Aug-12

2011/268PS 09-Feb-12 15-Mar-12 16-Aug-12

2011/267PS 09-Feb-12 15-Mar-12 16-Aug-12

2011/280PS 16-Feb-12 15-Mar-12 16-Aug-12

2011/292PS 28-Feb-12 15-Mar-12 16-Aug-12

2012/056PS 23-Feb-12 19-Mar-12 16-Aug-12

2012/028PS 01-Feb-12 20-Mar-12 16-Aug-12

2011/119PS 22-Aug-11 17-Nov-11 13-Apr-12

2011/104PS 30-Sep-11 18-Oct-11 14-Mar-12

2012/059PSCB 13-Mar-12 21-Mar-12 16-Aug-12


NSW Ombudsman


2011/131PS 23-Aug-11 19-Oct-11 14-Mar-12

2011/258PS 17-Feb-12 22-Mar-12 16-Aug-12

2011/288PS 14-Mar-12 22-Mar-12 16-Aug-12

2011/217PS 20-Mar-12 23-Mar-12 16-Aug-12

2011/300PS 17-Jan-12 26-Mar-12 16-Aug-12

2011/137PS 24-Jan-12 28-Mar-12 16-Aug-12

2011/279PS 06-Feb-12 28-Mar-12 16-Aug-12

2011/103PS 22-Sep-11 25-Oct-11 14-Mar-12

2011/134PS 20-Oct-11 26-Oct-11 14-Mar-12

2011/183PS 22-Sep-11 27-Oct-11 14-Mar-12

2011/108PS 22-Nov-11 28-Nov-11 13-Apr-12

2011/223PS 20-Mar-12 03-Apr-12 16-Aug-12

2011/157PS 16-Sep-11 03-Nov-11 14-Mar-12

2011/249PS 26-Oct-11 07-Nov-11 14-Mar-12

2011/191PS 02-Nov-11 08-Nov-11 14-Mar-12

2012/083PS 04-Apr-12 15-Apr-12 16-Aug-12

2012/086PS 29-Mar-12 19-Apr-12 16-Aug-12

2011/067PS 03-Nov-11 16-Nov-11 14-Mar-12

2011/133PS 08-Nov-11 16-Nov-11 14-Mar-12

2011/189PS 02-Dec-11 17-Dec-11 13-Apr-12

2011/176PS 20-Oct-11 24-Nov-11 14-Mar-12

2011/182PS 15-Nov-11 29-Dec-11 14-Apr-12

2012/020PS 30-Mar-12 02-May-12 16-Aug-12

2011/177PS 18-Dec-11 29-Dec-11 13-Apr-12

2011/260PS 24-Dec-11 30-Dec-11 13-Apr-12

2011/169PS 25-Nov-11 01-Dec-11 14-Mar-12

2012/082PS 30-Apr-12 07-May-12 16-Aug-12

2012/026PS 19-Jan-12 15-May-12 16-Aug-12

2012/108PS 10-May-12 15-May-12 16-Aug-12

2012/025PSCB 19-Apr-12 16-May-12 16-Aug-12

2011/216PS 06-Dec-11 13-Dec-11 14-Mar-12

2011/261PS 06-Dec-11 13-Dec-11 14-Mar-12

2011/175PS 06-Dec-11 13-Dec-11 14-Mar-12

2012/039PS 15-May-12 16-May-12 16-Aug-12

2011/273PS 15-Dec-11 19-Dec-11 14-Mar-12

2011/237PS 19-Dec-11 19-Dec-11 14-Mar-12

2011/248PS 19-Dec-11 19-Dec-11 14-Mar-12

2012/085PS 16-May-12 25-May-12 16-Aug-12

2012/062PS 01-Jun-12 01-Jun-12 16-Aug-12

2011/163PS 11-Dec-11 09-Jan-12 14-Mar-12

2012/142PS 31-May-12 12-Jun-12 16-Aug-12

2011/193PS 11-Nov-11 10-Jan-12 14-Mar-12


NSW Ombudsman


2012/060PSCB 01-Jun-12 13-Jun-12 16-Aug-12

2011/241PS 12-Jan-12 12-Jan-12 14-Mar-12

2011/190PS 28-Oct-11 13-Jan-12 14-Mar-12

2012/040PS 07-Jun-12 28-Jun-12 16-Aug-12

2012/037PS 07-Jun-12 28-Jun-12 16-Aug-12

2011/042PS 11-Aug-11 05-Sep-11 06-Oct-11

Reports for the following controlled operations from previous reporting periods have not yet been provided to the Ombudsman and are now long outstanding. Recommendation 2 and 3 in Chapter 4 also relates to this deficiency.

Number Date Authorised Expired

2010/003PS 06-Jan-10 05-Jul-10

2010/015PS 15-Jan-10 14-May-10

2010/034PS 15-Feb-10 15-May-10

2010/039PS 25-Feb-10 25-Nov-10

2010/046PS 18-Mar-10 16-Sep-10

2010/053PS 04-Mar-10 31-Jul-10

2010/055PS 11-Mar-10 11-Jul-10

2010/057PS 16-Mar-10 15-Sep-10

2010/062PS 18-Mar-10 18-Jul-10

2010/064PS 31-Mar-10 30-Sep-10

2010/065PS 23-Mar-10 22-Jul-10

2010/070PS 06-Apr-10 06-Aug-10

2010/071PS 31-Mar-10 30-Sep-10

2010/072PS 31-Mar-10 31-Jul-10

2010/079PS 09-Apr-10 08-Aug-10

2010/083PS 14-Apr-10 13-Jul-10

2010/084PS 21-Apr-10 20-Sep-10

2010/085PS 10-May-10 08-Nov-10

2010/087PS 20-Apr-10 17-Nov-10

2010/090PS 11-May-10 09-Oct-10

2010/091PS 14-May-10 10-Jul-10

2010/094PS 17-Jun-10 16-Oct-10

2010/095PS 07-May-10 06-Nov-10

2010/100PS 10-May-10 10-Sep-10

2010/101PS 04-May-10 03-Sep-10

2010/102PS 13-May-10 12-Sep-10

2010/108PS 27-May-10 27-Sep-10

2010/111PS 12-May-10 10-Nov-10

2010/113PS 12-May-10 11-Sep-10

2010/121PS 26-May-10 18-Aug-10

2010/130PS 26-May-10 25-Jun-10

2010/136PS 16-Jun-10 15-Oct-10


NSW Ombudsman


2010/142PS 17-Jun-10 02-Sep-10

2010/143PS 16-Jun-10 15-Aug-10

2010/146PS 23-Jun-10 23-Nov-10

2010/150PS 22-Jun-10 21-Dec-10

2010/151PS 02-Jul-10 01-Mar-11

2010/152PS 02-Jul-10 31-Dec-10

2010/154PS 28-Jun-10 27-Sep-10

2010/156PS 08-Jul-10 08-Nov-10

2010/157PS 01-Jul-10 31-Aug-10

2010/159PS 30-Jun-10 29-Oct-10

2010/161PS 02-Jul-10 02-Aug-10

2010/167PS 14-Jul-10 13-Dec-10

2010/169PS 15-Jul-10 15-Oct-10

2010/170PS 19-Jul-10 20-Nov-10

2010/172PS 09-Jul-10 11-Nov-10

2010/173PS 12-Jul-10 20-Aug-10

2010/179PS 23-Jul-10 19-Nov-10

2010/182PS 23-Aug-10 22-Dec-10

2010/183PS 23-Jul-10 24-Oct-10

2010/185PS 22-Jul-10 21-Aug-10

2010/187PS 27-Jul-10 26-Oct-10

2010/190PS 28-Jul-10 28-Sep-10

2010/191PS 30-Jul-10 29-Jan-11

2010/192PS 05-Aug-10 04-Dec-10

2010/193PS 01-Oct-10 01-Jan-11

2010/195PS 04-Aug-10 30-Nov-10

2010/198PS 12-Aug-10 12-Dec-10

2010/206PS 10-Sep-10 10-Feb-11

2010/209PS 16-Aug-10 23-Aug-10

2010/213PS 19-Aug-10 19-Nov-10

2010/214PS 23-Aug-10 23-Jan-11

2010/216PS 25-Aug-10 25-Dec-10

2010/217PS 31-Aug-10 30-Nov-10

2010/218PS 31-Aug-10 30-Dec-10

2010/220PS 26-Aug-10 26-Dec-10

2010/224PS 07-Sep-10 07-Jan-11

2010/232PS 17-Sep-10 17-Jan-11

2010/233PS 14-Sep-10 13-Jan-11

2010/236PS 29-Oct-10 29-Nov-10

2010/237PS 14-Sep-10 14-Jan-11

2010/238PS 20-Sep-10 18-Dec-10

2010/240PS 27-Sep-10 14-Jan-11


NSW Ombudsman


2010/244PS 22-Sep-10 21-Jan-11

2010/252PS 26-Oct-10 26-Jan-11

2010/255PS 06-Oct-10 06-Nov-10

2010/256PS 21-Oct-10 21-Feb-11

2010/260PS 14-Oct-10 14-Feb-11

2010/263PS 11-Nov-10 10-Mar-11

2010/264PS 26-Oct-10 09-Jan-11

2010/266PS 21-Oct-10 21-Feb-11

2010/267PS 29-Oct-10 28-Feb-11

2010/268PS 01-Nov-10 01-Mar-11

2010/271PS 27-Oct-10 26-Jan-11

2010/272PS 16-Nov-10 28-Apr-11

2010/274PS 26-Oct-10 26-Mar-11

2010/276PS 02-Nov-10 02-Feb-11

2010/286PS 22-Nov-10 21-May-11

2010/290PS 12-Nov-10 11-Nov-10

2010/292PS 25-Nov-10 24-May-11

2010/293PS 21-Dec-10 20-Mar-11

2010/294PS 16-Nov-10 15-Dec-10

2010/295PS 19-Nov-10 15-Feb-11

2010/297PS 21-Nov-10 07-May-11

2010/298PS 29-Nov-10 29-Dec-10

2010/299PS 30-Nov-10 28-Feb-11

2010/302PS 24-Nov-10 10-May-11

2010/303PS 26-Nov-10 26-Mar-11

2010/304PS 30-Nov-10 17-Dec-10

2010/306PS 01-Dec-10 14-Dec-10

2010/307PS 01-Dec-10 01-Apr-11

2010/309PS 11-Jan-11 11-Apr-11

2010/311PS 09-Dec-10 31-May-11

2010/316PS 20-Jan-11 11-Apr-11

2010/321PS 11-Jan-11 10-Jul-11

2010/324PS 23-Dec-10 23-Apr-11

2010/330PS 24-Dec-10 23-Apr-11

2011/002PS 07-Jan-11 07-Apr-11

2011/006PS 28-Jan-11 24-Jun-11

2011/007PS 12-Jan-11 11-Jul-11

2011/009PS 21-Jan-11 21-Apr-11

2011/010PS 12-Jan-11 11-May-11

2011/012PS 21-Jan-11 21-May-11

2011/015PS 26-Jan-11 26-May-11

2011/016PS 24-Feb-11 23-Jun-11


NSW Ombudsman


2011/019PS 27-Jan-11 24-Jun-11

2011/020PS 04-Feb-11 03-Jun-11

2011/022PS 10-Feb-11 31-Jul-11

2011/027PS 08-Feb-11 08-Jun-11

2011/028PS 01-Mar-11 03-Jun-11

2011/029PS 18-Feb-11 17-Jun-11

2011/031PS 23-Feb-11 23-Apr-11

2011/034PS 09-Mar-11 09-Jul-11

2011/035PS 28-Mar-11 27-Sep-11

2011/037PS 01-Mar-11 01-Jun-11

2011/039PS 28-Mar-11 27-Jul-11

2011/043PS 14-Mar-11 10-Jun-11

2011/044PS 21-Mar-11 21-Jul-11

2011/045PS 24-Mar-11 24-Jun-11

2011/046PS 16-Mar-11 06-Sep-11

2011/049PS 17-Mar-11 17-Jul-11

2011/050PS 17-Mar-11 17-May-11

2011/052PS 01-Apr-11 30-Jul-11

2011/053PS 29-Mar-11 27-Jul-11

2011/054PS 24-Mar-11 27-Mar-11

2011/055PS 27-Apr-11 27-Aug-11

2011/057PS 13-May-11 13-Oct-11

2011/059PS 13-Apr-11 03-Aug-11

2011/060PS 04-Apr-11 03-Jul-11

2011/063PS 13-May-11 12-Aug-11

2011/064PS 01-Apr-11 30-Jun-11

2011/076PS 27-Apr-11 27-Aug-11

2011/077PSCB 04-May-11 29-Jul-12

2011/078PS 13-Apr-11 13-Aug-11

2011/080PS 20-Apr-11 06-Oct-11

2011/083PS 09-May-11 09-Aug-11

2011/085PS 29-Apr-11 28-Jul-11

2011/086PS 13-May-11 12-Aug-11

2011/090PS 09-May-11 09-Aug-11

2011/092PS 13-May-11 13-Sep-11

2011/093PS 25-May-11 23-Nov-11

2011/096PS 25-May-11 25-Sep-11

2011/097PS 17-May-11 12-Aug-11

2011/099PS 25-May-11 23-Nov-11

2011/102PS 23-May-11 22-Sep-11

2011/106PS 18-May-11 17-Sep-11

2011/107PS 19-May-11 10-Nov-11


NSW Ombudsman


2011/109PS 01-Jun-11 01-Oct-11

2011/116PS 31-May-11 30-Aug-11

2011/120PS 03-Jun-11 02-Oct-11

2011/127PS 11-Jul-11 07-Oct-11

2011/128PS 24-Jun-11 22-Dec-11

2011/129PS 20-Jun-11 18-Dec-11

2011/139PS 26-Jul-11 25-Nov-11

2011/143PS 27-Jun-11 27-Oct-11

2011/144PS 24-Jun-11 07-Jul-11

2011/146PS 27-Jun-11 17-Oct-11

2011/149PS 01-Jul-11 23-Sep-11

2011/151PS 19-Jul-11 18-Nov-11

2011/152PS 18-Jul-11 18-Nov-11

2011/156PS 12-Jul-11 12-Sep-11

2011/158PS 25-Jul-11 25-Nov-11

2011/161PS 16-Jul-11 18-Jul-11

2011/162PS 03-Aug-11 02-Nov-11

2011/166PS 22-Jul-11 14-Oct-11

2011/171PS 09-Aug-11 09-Dec-11

2011/172PS 29-Jul-11 29-Sep-11

2011/173PS 15-Aug-11 14-Feb-12

2011/174PS 15-Aug-11 14-Dec-11

2011/179PS 10-Aug-11 30-Nov-11

2011/181PS 18-Aug-11 18-Dec-11

2011/184PS 25-Aug-11 10-Feb-12

2011/185PS 12-Sep-11 12-Jan-12

2011/186PS 29-Aug-11 28-Feb-12

2011/187PS 22-Sep-11 22-Jan-12

2011/194PS 12-Sep-11 12-Jan-12

2011/196PS 16-Sep-11 16-Jan-12

2011/199PS 02-Sep-11 01-Dec-11

2011/203PS 07-Sep-11 28-Feb-12

2011/204PS 05-Sep-11 05-Jan-12

2011/207PS 14-Sep-11 14-Dec-11

2011/208PS 19-Sep-11 15-Jan-12

2011/210PS 19-Sep-11 18-Jan-12

2011/214PS 22-Sep-11 23-Dec-11

2011/215PS 13-Sep-11 12-Jan-12

2011/218PS 22-Sep-11 16-Dec-11

2011/221PS 30-Sep-11 29-Mar-12

2011/226PS 30-Sep-11 19-Apr-12

2011/227PS 13-Oct-11 07-Apr-12


NSW Ombudsman


2011/228PS 08-Nov-11 01-May-11

2011/229PS 14-Oct-11 10-Apr-12

2011/234PS 13-Oct-11 10-Apr-12

2011/236PS 18-Oct-11 10-Apr-12

2011/238PS 18-Oct-11 18-Jan-12

2011/245PS 31-Oct-11 29-Feb-12

2011/246PS 27-Oct-11 26-Jan-12

2011/253PS 03-Nov-11 03-May-12

2011/256PS 08-Nov-11 08-Mar-12

2011/257PS 04-Nov-11 04-Feb-12

2011/263PS 15-Nov-11 10-Mar-12

2011/265PS 14-Nov-11 01-May-12

2011/269PS 21-Nov-11 01-May-12

2011/274PS 06-Dec-11 02-Mar-12

2011/275PS 06-Dec-11 02-Mar-12

2011/276PS 06-Dec-11 02-Mar-12

2011/277PS 30-Nov-11 30-Apr-12

2011/283PS 24-Nov-11 01-May-12

2011/284PS 28-Nov-11 05-May-12

2011/293PS 01-Dec-11 01-Mar-12

2011/294PS 05-Dec-11 05-Apr-12

2011/296PSCB 23-Dec-11 22-Mar-12

2012/001PS 10-Jan-12 09-May-12

2012/003PS 05-Jan-12 04-Apr-12

2012/005PS 17-Jan-12 16-May-12

2012/007PS 23-Feb-12 22-May-12

2012/010PS 13-Jan-12 12-Apr-12

2012/011PS 13-Jan-12 12-May-12

2012/012PS 11-Jan-12 10-Apr-12

2012/016PS 12-Jan-12 11-Apr-12

2012/021PS 24-Jan-12 13-Apr-12

2012/022PS 17-Jan-12 18-May-12

2012/024PS 27-Jan-12 26-Jun-12

2012/027PS 01-Feb-12 01-Jun-12

2012/041PS 06-Feb-12 06-Mar-12

2012/042PS 16-Feb-12 15-Jun-12

2012/048PS 15-Feb-12 14-Jun-12

2012/054PS 16-Feb-12 15-May-12

2012/068PS 09-Mar-12 04-May-12

2012/069PS 07-Mar-12 07-Apr-12

2012/078PS 13-Mar-12 13-Apr-12

2012/079PS 21-Mar-12 22-Jun-12


NSW Ombudsman

NSW Crime CommissionAll notifications of the granting of an authority were received within the statutory time period of 21 days.

All reports to the CEO by the principal law enforcement officers and notifications of the receipt of a report by the CEO were received within the statutory time period.

Independent Commission Against CorruptionAll notifications of the granting of an authority were received within the statutory time period of 21 days.

All reports to the CEO by the principal law enforcement officers and notifications of the receipt of a report by the CEO were received within the statutory time period.

Police Integrity Commission All notifications of the granting of an authority were received within the statutory time period of 21 days.

All reports to the CEO by the principal law enforcement officers and notifications of the receipt of a report by the CEO were received within the statutory time period


NSW Ombudsman

Chapter 6. Appendices

NSW Police Force Authorities Granted 2011–2012

Number Criminal Activity Controlled Activities Law Enforcement Participants

Civilian Participants

2011/127PS Drug offences Negotiations, agreements or other activities concerning the supply, purchase and possession of prohibited drugs

2 1

2011/131PS Drug and firearm offences

Conversations and negotiations concerning the supply of prohibited drugs and firearms. Entering and remaining on enclosed lands

2 0

2011/135PS Solicit to murder and firearms offences

Conspiring, agreeing, or other activities concerning solicit to murder. Negotiations, agreements or other activities concerning the supply, purchase and possession of firearms

0 1

2011/137PS Drug offences Negotiations, agreements or other activities concerning the supply of prohibited drugs

115 0

2011/139PS Drug offences Conversations and negotiations concerning the supply and possession of prohibited drugs

33 1

2011/140PS Drug offences Conversations, negotiations, agreements or other activities concerning the supply, purchase of firearms and possession of prohibited drugs

87 1


51 1


33 1


2 1


1 1


Conversations and negotiations concerning the supply and possession of prohibited drugs and supply of prohibited firearms

4 1


107 0


Conversations and negotiations concerning the supply of drugs and firearms. Entering and remaining on enclosed lands

1 1

2011/151PS Drug offences Conversations and negotiations concerning the supply or manufacture of drugs. Entering and remaining on enclosed lands

0 1

2011/152PS Drug offences Conversations and negotiations concerning the supply of drugs. Entering and remaining on enclosed lands

73 2

2011/153PS Drug offences Conversations and negotiations concerning the supply of prohibited drugs

107 1


NSW Ombudsman



2011/155PS Armed with intent to commit an indictable offence

Aiding, abetting, agreeing or other activities in relation to being armed with intent to commit an indictable offence

0 1

2011/156PS Fraud offences Conversations and negotiations concerning fraud and obtain financial advantage by deception

1 0


114 0


2 0

2011/159PS Drug offences Conversations and negotiations concerning the purchase, supply and possession of prohibited drugs

3 1

2011/160PS Firearms offences Conversations and negotiations concerning the supply of firearms. Entering and remaining on enclosed lands

0 1

2011/161PS Conspiracy to murder

Conspiring, agreeing, soliciting, encouraging, persuading, or endeavouring to persuade, or proposing to any person to commit the murder of the victim. Entering and remaining on enclosed lands

0 1


0 1


2 1


Conversations and negotiations concerning the supply and possession of prohibited drugs, and sale and possession of firearms

127 0


48 1

2011/166PS Drug and fraud offences

Conversations and negotiations concerning the possession or supply of drugs or false documents. Entering and remaining on enclosed lands

102 1

2011/167PS Firearms offences Conversations and negotiations concerning the supply of drugs and firearms. Entering and remaining on enclosed lands

0 1

2011/168PS Solicit to murder Conspiring, agreeing, soliciting, encouraging, persuading, or proposing to commit murder

1 1

2011/169PS Firearms and fraud offences

Conversations and negotiations concerning the supply and possession of firearms. Aiding, abetting, counselling, procuring, agreeing to act in concert with suspects in the commission of fraudulent activity

0 1

2011/170PS Firearms and robbery offences

Conversations and negotiations concerning the unauthorised possession of prohibited weapons and stolen goods

0 2


120 0


NSW Ombudsman



2011/172PS Drug offences Conversations and negotiations concerning the supply of prohibited drugs. Driving a vehicle whilst licence suspended. Obtain property from another person by deception or dishonesty

0 1

2011/173PS Drug offences Conversations and negotiations concerning the purchase, supply and possession of prohibited drugs

115 0


24 1


94 0


139 0


121 1

2011/178PS Firearms offences Conversations and negotiations concerning the supply and possession of prohibited weapons, and disposal of a firearm used to murder the victim

3 0


107 0


23 1


103 0


91 0


84 0


1 1


112 0

2011/186PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs

104 0

2011/187PS Drug offences Negotiations of agreements relating to the supply, purchase or possession of prohibited drugs, including entering enclosed lands

112 1


65 0


65 1


2 1

2011/191PS Stealing offences Aiding, abetting, procuring, or acting in concert with criminal suspects in the commission of breaking and entering any dwelling and committing associated offences (steal etc)

0 1


NSW Ombudsman




66 1


2 1


112 0

2011/195PS Firearms offences Negotiations or agreements relating to the supply, purchase or possession of firearms and accessories, including entering enclosed lands

5 1

2011/196PS Drug offences Conversations and negotiations concerning the supply, purchase and possession of prohibited drugs or firearm

120 1


1 1

2011/199PS Firearms offences Conversations and negotiations concerning the supply, sale or possession of firearms (or parts)

0 1


1 1


2 1


4 1


2 1


25 0


18 1

2011/207PS Drug offences Conversations and negotiations concerning the supply, purchase and possession of prohibited drugs

25 1

2011/208PS Drug and firearms offences

Conversations and negotiations concerning the supply, purchase and possession of prohibited drugs or firearm

125 1


0 1


15 0

2011/214PS Drug offences Negotiations of agreements relating to the supply, purchase or possession of prohibited drugs, including entering enclosed lands

126 1


Conversations and negotiations concerning the supply, purchase and possession of prohibited drugs or firearm

93 1

2011/216PS Drug firearms and robbery offences

Conversations and negotiations concerning the supply, purchase and possession of prohibited drugs, stolen goods or firearm

93 0


NSW Ombudsman



2011/217PS Drug offences Negotiations or agreements relating to the supply, manufacture, purchase or possession of prohibited drugs or firearms, including entering enclosed lands

1 1

2011/218PS Drug offences Negotiations or agreements relating to the supply, purchase or possession of prohibited drugs, including entering enclosed lands

132 0


113 0


138 0


3 1


3 1

2011/224PS Firearms offences Negotiations or agreements relating to the supply, purchase or possession of firearms or associated accessories, including entering enclosed lands

0 1


18 0


Negotiations or agreements relating to the supply, purchase or possession of prohibited drugs or firearms, including entering enclosed lands

0 1

2011/227PS Drug offences Negotiations, communications, agreements relating to the supply, purchase and possession of prohibited drugs

0 1

2011/228PS Drug offences Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited drugs

1 1


14 0

2011/230PS Assault and demand money with menaces

Breaking and entering, intentional or reckless act of destroying or damaging property and entering upon enclosed lands

6 0

2011/231PS Firearm offences Negotiations, agreements or other activities relating to the supply, purchase and possession of illegal firearms

2 1


82 1


112 0


NSW Ombudsman



2011/236PS Drug offences Negotiations and agreements concerning the supply, purchase and possession of prohibited drugs

65 0


Negotiations, agreements and other activities relating to the supply, purchase and possession of prohibited drugs and firearms

1 1


Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs and firearms, firearms parts and ammunition

1 1

2011/239PS Firearms offences Negotiations or agreements relating to supply, sale, purchase and possession of prohibited weapons

1 0


Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs and illegal firearms

3 1


86 0


0 1

2011/244PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase and possession of a restricted substance

82 1

2011/245PS Robbery offences Aiding, abetting, procuring, agreeing to the commission of receiving or disposing of stolen goods

2 1

2011/246PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs, and import or export of commercial quantities of prohibited drugs

0 1


80 0


Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs and firearms, firearms parts and ammunition

2 1

2011/249PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase and possession of a restricted substance. Aiding, abetting, procuring or agreeing to the commission of importing tier one restricted substances

1 0

2011/250PS Drug offences Negotiations, agreements and other activities concerning the importation of border controlled drugs

4 1


156 0

2011/252PS Drug offences Negotiations, agreements or other activities concerning the supply of prohibited drugs

0 1


NSW Ombudsman



2011/253PS Drug offences Negotiations, agreements or other activities concerning the purchase and possession of prohibited drugs

141 0

2011/254PS Receiving Aiding, abetting, procuring or agreeing to the commission of receiving or disposing of stolen goods

0 1


73 0


69 1

2011/257PS Armed robbery offences

Aiding, abetting, counselling or other activities concerning conspiring to commit armed robbery, robbery whilst armed or robbery in company

0 1


5 0

2011/260PS Receiving Aiding, abetting or other activities concerning the stealing, receiving or disposing of stolen property

0 1


102 1


0 1


2 1


Negotiations, agreements or other activities relating to the supply, purchase and possession of a restricted substance, firearms, parts or ammunition

0 1

2011/266PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase, manufacture and possession of a restricted substance

0 1

2011/267PS Drug offences Negotiations, agreements and other activities concerning the importation, supply, purchase and possession of commercial quantities of border controlled drugs

1 0


0 1


5 1


5 1


NSW Ombudsman





5 2

2011/273PS Various offences Enter and remain on enclosed lands without consent, cause damage to property, breaking and entering a dwelling, entering a motor vehicle

50 0


137 0


130 0


130 0


17 0


1 1

2011/280PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase, manufacture and possession of a restricted substance

0 1

2011/281PS Firearms offences Negotiations, agreements or other activities relating to the supply, purchase and possession of firearms, parts or ammunition

2 1

2011/282PS Drug offences Negotiations, agreements or other activities relating to the supply, purchase and possession of a chemical precursor to restricted substances

2 0


0 1

2011/284PS Firearms offences Negotiations, agreements or other activities relating to the supply, purchase and possession of firearms, parts or ammunition

0 1

2011/285PS Drug offences Negotiations, agreements or other activities relating to the importation of a restricted substance

0 1



4 1


1 1


4 1


NSW Ombudsman




3 0

2011/291PS Murder and solicit to murder

Conspiring, agreeing, soliciting, encouraging, persuading, or proposing to any person to commit murder. Negotiations, agreements or other activities relating to the supply, purchase and possession of a firearms

0 1

2011/292PS Drug offences Unauthorised access to, impairment or modification of, production or supply of, possession of, computers/data including Commonwealth and state/territory owned

8 0


0 1


80 0

2011/296PSCB Drug offences Negotiations and conversations in relation to purchase and possession of prohibited drugs

5 1

2011/298PS Money laundering, drug possession and break & enter

Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs and proceeds of crime, and in the commission of breaking and entering

0 1

2011/299PS Drug offences Negotiations, agreements or other activities relating to the import, supply, purchase and possession of prohibited drugs

124 0

2011/300PS Fraud Aiding, abetting, counselling, procuring, inciting, agreeing to or acting in concert with persons known to police in the commission of dealing in or possessing identification information

0 1


124 0


2 1


2 1

2012/003PS Firearms offences Negotiations, agreements or other activities relating to the supply, purchase and possession of firearms and/or ammunition

1 1


1 1


14 1


22 0


NSW Ombudsman



2012/007PS Drug offences Negotiations, agreements and other activities relating to the supply, purchase and possession of prohibited drugs

78 0


100 0


1 1


3 1


2 1

2012/012PS Groom of child under 16 for unlawful sexual acts

Aiding, abetting, counselling, procuring, inciting, agreeing to or acting in concert with the target in the commission of procuring a child for unlawful sexual activity, and disseminating and possessing child abuse material

0 1


107 0


78 0

2012/016PS Drug offences Negotiations, agreements or other activities relating to the manufacture, supply, purchase and possession of prohibited drugs

0 1


Negotiations, agreements or other activities relating to the import, supply, purchase and possession of prohibited drugs and firearms and/or ammunition

0 1


27 1

2012/020PS Drug offences Negotiations, agreements or other activities relating to the import, supply, purchase and possession of prohibited drugs, and various activities in relation to modifying and controlling online data and communication

15 0


2 0

2012/022PS Firearms offences Negotiations, agreements or other activities relating to the import, supply, purchase and possession of firearms and/or ammunition

2 1

2012/023PS Armed robbery Negotiations, agreements or other activities relating to the supply, purchase and possession of firearms and/or ammunition, and incitement to commit armed robbery and break and enter property

4 1


NSW Ombudsman




4 1

2012/025PSCB Fraud offences Aiding, abetting, counselling, procuring, inciting, agreeing to or acting in concert with persons known to police in the commission of various activities related to cyber-crime

11 1

2012/026PS Receiving stolen goods

Aiding, abetting, counselling, procuring, inciting, agreeing to or acting in concert with persons known to police in the commission of receiving or disposing of stolen goods

0 1


4 1


0 1


0 2

2012/031PS Drug offences Negotiations, agreements and other activities relating to the supply, purchase and possession of prohibited drugs

65 0


91 0


2 1


3 1


3 1


0 1

2012/038PSCB Money laundering Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs, and various activities in relation to money laundering

0 1

2012/039PS Firearms offences Negotiations, agreements or other activities relating to the supply, purchase and possession of firearms and or ammunition

0 1


0 1


25 0


NSW Ombudsman




0 1


6 1

2012/044PS Drug offences Negotiations, agreements or other activities concerning the purchase and possession of prohibited drugs

23 0


0 1


20 1


Negotiations, agreements or other activities relating to the supply, purchase and possession of prohibited drugs and firearms

2 1


26 0

2012/050PS Drug offences Unauthorised access to, modification, possession or production of computer data

9 0

2012/051PS Child prostitution Aiding and abetting in relation to child abuse material

9 0

2012/054PS Drug offences Negotiations, agreements relating to supply of prohibited drugs. Purchase and possession of prohibited drugs

23 0

2012/055PSCB Drug and money laundering offences

Unauthorised modification, possession and supply of computer data

14 0

2012/056PS Drug offences Negotiations, agreements and other activities concerning the manufacture, supply, purchase and possession of prohibited drugs

0 1

2012/057PS Firearms offences Negotiations, agreements or other activities concerning the supply, purchase and possession of prohibited drugs

3 1


3 1

2012/059PSCB Firearms offences Negotiations, agreements and other activities concerning the unlawful importation of firearms

3 0

2012/060PSCB Drug and firearms offences

Unauthorised access to and modification of computer data

1 1

2012/061PS Drug offences Purchase and possession of prohibited drugs 1 1

2012/062PS Stolen property Aiding, abetting and other activities concerning stealing, receiving and disposal of stolen property

0 1


NSW Ombudsman



2012/063PS Drug offences Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited drugs and explosives and firearms

3 1

2012/064PS Stolen property Aiding, abetting and other activities concerning stealing, receiving and disposing of stolen property

0 1


67 0


96 0

2012/067PS Drug offences Conversations, negotiations and other activities concerning the supply, purchase and possession of prohibited drugs

3 0


103 0


0 1


2 1

2012/071PS Firearms offences Negotiations, agreements and other activities concerning the purchase and possession of firearms and drugs

7 1

2012/072PS Firearms offences Negotiations, agreements and other activities concerning the supply, purchase, possession, manufacture and modification of prohibited firearms

2 0


106 0


0 1


104 0


Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited drugs, firearms, firearm parts and ammunition

0 1


0 1


104 0


NSW Ombudsman




4 1


33 0


1 0

2012/083PS Drug offences Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited firearms

20 0


2 1


2 0


0 1


20 1

2012/092PS Firearms offences Knowingly take part is any step of the supply, sale, purchase or possession of prohibited firearms, firearm parts and/or ammunition

0 1

2012/093PS Terrorism and firearm offences

Aiding, abetting, organising, recruiting or other activities concerning a terrorist organisation. Negotiations, agreements or other activities concerning the sale, purchase and possession of firearms

2 0

2012/094PS Prostitution offences

Conversation and negotiations in relation to solicitation of prostitution

86 0

2012/095PS Drug and property offences

Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited drugs. Aiding, abetting or acting in concert with others in the stealing, receiving or disposing of stolen property

100 1


0 1


75 1

2012/099PS Drug offences Negotiations and conversations in relation to Drug offences

86 1


3 1

2012/101PS Property offences Aiding and abetting the receiving of stolen property

41 0


NSW Ombudsman




Negotiations, agreements or other activities concerning the supply, purchase and possession of prohibited drugs, firearms, firearm parts and ammunition

2 1


107 0


107 0


107 0


Negotiations, agreements and other activities concerning the supply, purchase and possession of prohibited drugs, firearms, firearm parts and/or ammunition

2 0


75 1


0 1


30 1

2012/111PS Firearms offences Negotiations, agreements and other activities concerning the supply, sale, purchase and possession of firearms, firearm parts and/or ammunition

5 1

2012/112PSCB Firearms offences Negotiations and conversations in relation to supply firearms and explosives

10 0


33 1


103 0

2012/115PS Firearms offences Negotiations and conversations in relation to supply firearms

0 1


92 0


4 1

2012/119PS Firearms offences Negotiations and conversations in relation to supply prohibited firearms

0 1


Negotiations and conversations in relation to Drug offences and firearms

4 0


0 1


4 0

2012/125PSCB Drug offences Negotiations and conversations in relation to Drug offences

4 1


NSW Ombudsman




0 1



79 0


0 1


0 1


0 2


6 0


75 1


4 0


0 1

2012/137PS Solicit to murder Negotiations and conversations in relation to solicit to murder

2 1



4 1


99 0


102 0


0 1


56 1


0 1


99 1


4 1

2012/149PSCB Drug offences Negotiations and conversations in relation to supply and importation prohibited drugs and controlled substances

2 1


76 1

2012/151PS Corrupt conduct Aid and abet corrupt conduct 0 1



3 1


0 1


Negotiations and conversations in relation to Drug offences

4


NSW Ombudsman

NSW Police Force Completed Operations 2011/2012

Number Controlled Activities Law Enforcement Participants


2010/300PS Purchase prohibited drugs 2 1




2011/005PS Attempt to purchase prohibited drugs 1 1



2011/032PS Negotiations concerning cultivation and supply of prohibited drugs

0 1

2011/041PS Nil 0 0



2011/061PS Nil 0 0

2011/067PS Negotiations, agreements concerning the purchase and possession of prohibited drugs and firearms

0 1


2011/072PS Nil 0 0


2011/082PS Nil 0 0




2011/103PS Nil 0 0

2011/104PS Nil 0 0

2011/105PS Nil 0 0

2011/108PS Negotiations and agreements concerning the supply, purchase and possession of prohibited firearm, firearm parts and ammunition

1 1

2011/110PS Negotiations related to supply of prohibited drugs 0 1

2011/111PS Nil 0 0


2011/119PS Conversations concerning supply of prescribed restricted substances

1 0



2011/123PS Negotiations and agreements concerning the supply of prohibited drugs

0 1




2011/131PS Purchase illicit goods 1 1


NSW Ombudsman




2011/134PS Conversations and negotiations in relation to manufacture and supply of prohibited drugs and supply of prohibited firearms

0 1

2011/135PS Nil 0 0

2011/137PS Attempt to purchase prohibited drug 3 0



2011/141PS Nil 0 0

2011/142PS Attempt to purchase of prohibited drugs 1 1




2011/148PS Negotiation and purchase of prohibited firearm 1 1

2011/150PS Nil 0 0


2011/155PS Aiding, abetting and acting in concert with target in intent to commit armed robbery

0 1



2011/160PS Nil 0 0

2011/163PS Nil 0 0



2011/167PS Purchase prohibited firearms and ammunition 0 1

2011/169PS Negotiations and agreements concerning the supply and purchase of prohibited drugs. Attempt fraud

0 1

2011/170PS Negotiate purchase of ballistic vests 0 2



2011/176PS Negotiations, agreements relating to and the purchase of prohibited drugs

3 0


2011/178PS Conversations and negotiations relating to the disposal of a firearm and or ammunition used in a murder

2 0


2011/182PS Negotiate and supply prohibited drugs 5 0

2011/183PS Attempt negotiation and purchase of prohibited drugs 2 0


2011/189PS Nil 0 0

2011/190PS Negotiations and agreements relating to the supply of prohibited drugs

1 1

2011/191PS Nil 0 0



NSW Ombudsman




2011/195PS Nil 0 0


2011/200PS Conversations concerning supply of prohibited drugs 0 1



2011/213PS Negotiations relating to the supply of prohibited drugs 1 0

2011/216PS Negotiations relating to purchase of prohibited drugs 1 0





2011/224PS Purchase firearm 0 1


2011/230PS Nil 0 0

2011/231PS Attempt to purchase firearm 0 1



2011/239PS Attempt to purchase firearms 1 0

2011/241PS Negotiations relating to supply of prohibited drugs 0 1





2011/248PS Nil 0 0

2011/249PS Controlled delivery of package of substituted material 1 0

2011/250PS Conversations and negotiations concerning the importation of a border controlled drugs

7 0



2011/254PS Negotiations in relation to stolen property 0 1



2011/260PS Receiving stolen property 0 1


2011/264PS Nil 0 0

2011/267PS Negotiations and agreements relating to importation of border controlled drugs

1 0

2011/268PS Negotiations and agreements relating to importation of border controlled drugs

0 1



NSW Ombudsman



2011/273PS Enter and remain on enclosed land, enter motor vehicle without consent

3 0


2011/280PS Nil 0 0

2011/281PS Nil 0 0

2011/282PS Possess precursor chemicals 1 0

2011/285PS Nil 0 0



2011/291PS Conspiracy to commit murder 0 1

2011/292PS Access data 2 0

2011/298PS Conversations and negotiations in relation to prohibited drugs 0 1

2011/300PS Obtain fraudulent documents 0 1






2012/017PS Purchase prohibited drugs and firearms 0 1

2012/020PS Access data 4 0

2012/023PS Purchase prohibited firearm 2 1

2012/025PSCB Access Data 11 0

2012/026PS Purchase stolen property 0 1

2012/028PS Nil 0 0

2012/030PS Conversations and negotiations in relation to firearms offences 0 1


2012/033PS Nil 0 0

2012/034PS Nil 0 0




2012/043PS Nil 0 0

2012/045PS Nil 0 0


2012/050PS Nil 0 0

2012/056PS Conversations and negotiations in relation to purchase of chemicals

0 1

2012/059PSCB Possess prohibited drugs 1 0

2012/060PSCB Nil 0 0

2012/062PS Knowingly concerned in stealing offence 0 1

2012/063PS Purchase prohibited drugs, explosives and firearms 2 1

2012/064PS Conversation in relation to stolen property 0 1


NSW Ombudsman





2012/080PS Nil 0 0









2012/106PS Attempt to purchase firearm 0 1

2012/108PS Nil 0 0

2012/112PSCB Nil 0 0

2012/119PS Purchase prohibited firearms 0 1

2012/124PS Access electronic information 1 0

2012/129PS Attempt to purchase prohibited firearms 0 1

2012/142PS Nil 0 0

NSW Crime Commission Authorities Granted 2011/2012



2012/001CC Subsequently found to be invalid

–

2012/002CC Subsequently found to be invalid

–

2012/003CC Drug offences Instruct/permit civilian to drive motor vehicle without licence; civilian drive motor vehicle without licence

1 1

2012/005CC Money Laundering Money laundering activities 3 1

NSW Crime Commission Completed Operations 2011–2012

Number Controlled Activities Law Enforcement Participants Civilian Participants

2011/003CC Disable motor vehicle 3 0


NSW Ombudsman

ICAC Authorities Granted 2011/2012


Civilian Participant

2011/001ICAC Corrupt conduct - solicitation of benefit for sale of council vehicle

Offer bribe for inducement to sell surplus council vehicle

1 0

ICAC Completed Operations 2011/2012


2011/001ICAC Bribe for inducement to sell surplus council vehicle

1 0

PIC Authorities Granted 2011/2012


Civilian Participant

2011/002PIC Corrupt Conduct Conspiracy in relation to certain corrupt conduct

7 1

2012/002PIC Bribery or Corruption Corrupt conduct 7 1

PIC Completed Operations 2011/2012


2011/001PIC Attempts to obtain NSWPF Intelligence reports

4 1

2011/002PIC Attempt bribe 4 1

2012/002PIC Attempt to obtain unauthorised information 3 1

NSW Ombudsman Level 24, 580 George Street Sydney NSW 2000

General enquiries: 02 9286 1000 Toll free (outside Sydney Metro Area, NSW only): 1800 451 524 Tel. typewriter (TTY): 02 9264 8050 Facsimile: 02 9283 2911

Email: [email protected]

www.ombo.nsw.gov.au

law enforcement (controlled operations) act 1997

Documents